A. An emergency response provider may benefit from the ability to apply for a mailed ballot and to return the marked ballot in the same manner as provided in the Uniform Military and Overseas Voters Act for federal qualified electors; provided that the emergency response provider may not use the federal postcard application or the federal write-in absentee ballot.
B. The county clerk shall transmit to, receive from and process a mailed ballot of an emergency response provider in the same manner as provided in the Uniform Military and Overseas Voters Act for a federal qualified elector.
C. As used in this section, "emergency response provider" means a resident of this state who otherwise satisfies this state's voter eligibility requirements and who, in response to an emergency, is temporarily assigned by a governmental or nongovernmental relief agency or employer to provide support to the victims of the emergency or to rebuild the infrastructure in the affected area and:
(1) the assignment is for a period beginning on or after the thirty-five days immediately prior to an election;
(2) the affected area is outside the individual's county of residence; and
(3) the president of the United States or the governor of a state has declared an emergency in the affected area.
History: Laws 2015, ch. 145, § 33; 2019, ch. 212, § 84.
The 2019 amendment, effective April 3, 2019, replaced "absentee ballot" with "mailed ballot" throughout the section.
Applicability. — Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
Structure 2021 New Mexico Statutes
Article 6B - Uniform Military and Overseas Voters
Section 1-6B-5 - Methods of registering to vote.
Section 1-6B-7 - Transmission of unvoted military-overseas ballots to federal qualified electors.
Section 1-6B-8 - Receipt of voted military-overseas ballots from federal qualified electors.
Section 1-6B-9 - Emergency response providers.
Section 1-6B-10 - Use of federal write-in absentee ballot; qualification.
Section 1-6B-11 - Confirmation of receipt of application and voted ballot.
Section 1-6B-12 - Use of voter's electronic-mail address.
Section 1-6B-13 - Prohibition of nonsubstantive requirements.
Section 1-6B-14 - Absentee ballots; reports.
Section 1-6B-15 - Equitable relief.
Section 1-6B-16 - Uniformity of application and construction.
Section 1-6B-17 - Relation to Electronic Signatures in Global and National Commerce Act.